Admin | July 8, 2024 | 0 Comments

Adjustment of Status Lawyer: Navigating the Green Card Process

Adjusting to a new status in the United States is a significant process for many individuals seeking to become permanent residents. As experienced attorneys in immigration law, we understand the complexities and nuances that come with the adjustment of status (AOS). This process allows individuals who are currently in the U.S. to apply for lawful permanent resident status without having to return to their home country for visa processing. It is critical for those going through this process to have the right professional guidance to navigate the often challenging path to permanent residency.

Our role as adjustment of status lawyers involves providing our clients with comprehensive support throughout their journey. We are here to offer counsel, anticipate potential roadblocks, and ensure that every application meets the stringent requirements set out by U.S. Citizenship and Immigration Services (USCIS). The intimate knowledge we have of immigration law positions us to better represent our clients and advocate on their behalf. Our goal is to assist our clients in achieving a favorable outcome, utilizing our expertise to simplify the intricacies of the law.

Our commitment extends beyond merely filing paperwork; we aim to ease the uncertainty that so often accompanies immigration procedures. By availing themselves of our services, our clients gain access to a resource dedicated to protecting their interests and helping them to realize their dreams of becoming permanent residents. Whether facing eligibility questions, dealing with deadlines, or preparing for interviews, we stand by our clients every step of the way, providing them with the quality representation they deserve. learn more about adjustment of status lawyer

Understanding Adjustment of Status

We explore the intricacies involved in transitioning to a lawful permanent resident status in the United States, focusing on the eligibility requirements and how an immigration lawyer can assist throughout this complex process.

Eligibility and Application Process

To be eligible for Adjustment of Status, applicants must fall within a specific immigrant category, such as an immediate relative of a U.S. citizen or a beneficiary of an employment-based petition. Evidence of family or employment sponsorship is paramount, and the principal applicant must have an immigrant visa readily available.

Required DocumentationPurpose
Form I-485Application to Register Permanent Residence or Adjust Status
Birth CertificateTo establish age and identity
Evidence of EligibilitySponsorship documents, approval notices, priority dates

The USCIS charges various fees for processing, including for biometric services, and applicants must undergo a medical examination. Depending on the immigrant category, additional forms might be necessary.

Role of an Immigration Lawyer

An immigration lawyer provides crucial guidance through the nuances of immigration law. Our role includes ensuring all documentation is accurately compiled, mediating communication with USCIS, and offering legal advice to mitigate any issues that arise.

  • Assist with Forms: In-depth knowledge of Form I-485 and any supplementary forms.
  • Legal Advice: Providing legal advice tailored to the client’s unique circumstances.
  • Mediate with USCIS: Acting as an intermediary between the client and immigration authorities.

We, as experienced attorneys, also explain how a client’s current visa status impacts their eligibility for adjustment and help them understand the importance of maintaining lawful status throughout the visa processing or consular processing stages.

Key Procedures and Considerations

We understand that navigating the adjustment of status process can be complex, and it involves thorough preparation and attention to detailed procedures. Timely and accurate actions are critical to the progression from a temporary visa holder to a permanent resident.

From Interview to Permanent Residency

When an applicant reaches the interview stage, it signifies that USCIS (U.S. Citizenship and Immigration Services) has initially reviewed and processed the necessary paperwork. Before the interview, it’s crucial to ensure all forms have been correctly filled out and filed. This includes Form I-130, if based on a family petition, or Form I-140 for employment-based applicants. Proper completion helps to avoid delays or denials.

  1. Interview Preparation:
    1. Confirm the date, time, and location of the USCIS office for the interview.
    2. Review the application and prepare to discuss its contents.
    3. Gather original documentation of all filed forms and supporting evidence.
    4. Accompanying family should also be prepared with necessary documentation.
  2. At the Interview:
    1. Provide honest and direct answers to questions.
    2. Understand the rights and responsibilities associated with Permanent Resident status.
    3. Biometrics: Ensure that all required fingerprints and photos are taken, typically at an Application Support Center before the interview.
    4. A-Number: Double-check that the A-Number (Alien Registration Number) is consistent across all documents.
  3. Post-Interview Steps:
    1. Regularly monitor the case status with USCIS.
    2. Respond promptly if USCIS requests additional information or documentation.

Upon approval, the applicant will receive their Permanent Resident Card, signaling the end of the immigration process for adjustment of status.

Post-Submission Matters

After submitting an adjustment of status application, several post-submission considerations remain on the timeline.

  1. Work and Travel Authorization:
    1. Filing Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, is essential for those seeking to work and travel while the application is pending.
  2. Ongoing Updates:
    1. Maintain current contact information with USCIS to receive updates.
    2. Use fee waivers judiciously, understanding when and how to request them.
  3. In Case of Denials:
    1. Explore options like filing a motion to reopen or reconsider, or an appeal.
    2. Consult with an adjustment of status attorney to evaluate the best course of action, including immigration proceedings and visa availability.
  4. Administrative Steps:
    1. Follow up on case status and any requests for evidence (RFEs) via the USCIS Contact Center.
    2. Address any potential complications such as delays or the need to reschedule appointments promptly.

By adhering to these procedures and considerations and leveraging the available resources, such as the USCIS Contact Center for guidance, we can effectively manage the path to permanent residency.

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